Bombay High Court
Bhupendra S/O Gajanan ... vs State Of Maharashtra, Thr. ... on 8 April, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 83 OF 2021
Bhupendra S/o. Gajanan Chinchalkar,
Aged about 20 years, Occ. Driver,
R/o. Khadasangi, Taluka-Chimur,
Dist. Chandrapur. . . . APPELLANT
...V E R S U S..
1. State of Maharashtra through
P.S.O. Chimur, District- Chandrapur.
2. Payal D/o. Gajanan Shende,
Aged about 21 years, Occ. Student,
R/o. Pandharpauni, Tahsil-Chimur,
District- Chandrapur. . . . RESPONDENTS
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Shri Mahesh V. Rai, Advocate for appellant.
Shri S. P. Deshpande, A.P. P. for respondent no. 1/State.
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CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 08.04.2021
JUDGMENT (PER : AMIT B. BORKAR, J.) :-
1. Heard.
2. Admit.
3. This is an appeal under Section 14A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(in short "the Act of 1989") challenging the judgment and order dated
01.02.2021 passed by the Special Judge, Warora in Special (Atrocity)
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Case No. 1/2021 in relation to Crime No. 381/2020 for the offence
punishable under Sections 376(1) and 450 of the Indian Penal Code
read with Sections 3(1)(W)(i)(ii) and 3(2)(va), (3)(2)(v) of the Act of
1989.
4. The First Information Report (FIR) came to be registered
against the appellant with accusations that the appellant on
21.10.2020 committed forcible sexual intercourse with the respondent
no. 2. It is further alleged that the appellant was knowing that the
respondent no. 2 belongs to backward class. The FIR came to be
registered on 21.10.2020. The appellant was arrested on 22.10.2020.
5. The appellant, therefore, filed the application under Section
439 of the Code of Criminal Procedure seeking regular bail, which
came to be rejected by the impugned order dated 01.02.2021. The
appellant has therefore filed the present appeal. This Court on
15.02.2021 issued notice to the respondents and released the appellant
on provisional bail.
6. The respondent no. 1/State in pursuance of notice of this
Court has filed reply stating that the appellant on 21.10.2020
committed forcible sexual intercourse with the respondent no. 2, when
the elder sister alongwith her children were sleeping in the bed-room.
It is stated that during the course of investigation, the Investigating
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Officer has recorded the statement of the witnesses which support the
case of the victim.
7. Shri S. P. Deshpande, learned A.P.P. states that the
respondent no. 2 is served on 22.02.2021. The respondent no. 2 has
not appeared before this Court either personally or through Advocate.
8. On perusal of the FIR and material in the form of charge-
sheet, it appears that the appellant is aged about 20 years. As per the
report, the Informant is aged about 21 years. The investigation is
complete. Charge-sheet is filed. The appellant has stated that he is
working as driver for his livelihood and there are no criminal
antecedent to his discredit. The appellant has further stated that he
has the liability to maintain his parents. The prosecution has not
pointed out that after the release of the appellant, on provisional bail
on 15.02.2021, the appellant has misused liberty granted to him.
9. We, therefore, pass the following order :-
(i) The impugned order dated 01.02.2021 passed by the
Special Judge, Warora in Special (Atrocity) Case No. 1/2021 below
Exh.-4 is quashed and set aside.
(ii) The order dated 15.02.2021 granting provisional bail to the
appellant is confirmed subject to same condition as stated in the said
order.
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(iii) The appeal is allowed in the above terms.
JUDGE JUDGE
RR Jaiswal
